In Mississippi, a landlord generally must return your security deposit within 45 days — but the clock does not start at move-out alone. Under Miss. Code Ann. § 89-8-21(3), the 45 days runs from three things together: your tenancy ends, you deliver possession, and you demand the deposit back. That third step is easy to miss and it is on you, so put your demand in writing and date it. Mississippi does not cap how much a landlord can charge for a deposit, and there is no requirement to pay interest on it. If the landlord keeps part of your money, they must give you a written, itemized statement of what was deducted and why. These rules come from the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 and following, with the deposit rules at § 89-8-21. You can read the full current text of the chapter for free in the Legislature's brought-forward bill HB1580 (2024), which reprints the Act verbatim.
Does the Act even cover your rental?
Most residential tenants are covered, but not everyone. Miss. Code Ann. § 89-8-3 applies the chapter only to rental agreements entered into after July 1, 1991, and § 89-8-3(2) lists arrangements the chapter does not govern. If you fall in one of those buckets, the 45-day rule and the bad-faith penalty below are not your remedy, and you should talk to a Mississippi attorney or legal aid about what is.
Not covered: transient occupancy in a hotel, motel or lodgings.
Not covered: a condominium unit owner, or someone holding a proprietary lease in a cooperative.
Not covered: occupancy under a contract of sale, where the occupant is the purchaser.
Not covered: premises used primarily for agricultural purposes, or rented below fair rental value to someone performing agricultural labor for the owner.
Not covered: residence at an institution incidental to detention or to medical, geriatric, educational, counseling or religious services; and housing for a member of a fraternal or social organization in the organization's own structure.
How much can a Mississippi landlord charge?
Mississippi has no statutory limit on the size of a security deposit. A landlord can ask for one month's rent, two months' rent, or another amount, as long as you both agree to it in the lease. Some landlords also collect separate pet deposits or move-in fees.
There is no state-imposed dollar or monthly cap on the deposit.
Read your lease carefully so you know exactly what you paid and what the landlord says is refundable.
The label on the lease does not control. § 89-8-21(1) covers any payment whose "primary function" is to secure performance of the rental agreement — so calling it a "nonrefundable fee" does not automatically put a landlord's money outside the statute. And § 89-8-5 says a landlord and tenant may not agree to waive the rights under this chapter. If a "nonrefundable move-in fee" really functions as a security deposit, you have a real argument that it is one. (The statute's own carve-out is narrow: money paid to secure the execution of the lease — a holding fee — and advance rent.)
The 45-day deadline — and the demand that starts it
The statute is specific: any remaining portion of the deposit must be returned "no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant." All three have to happen. Handing back the keys is not enough on its own — if you never demand the deposit, the 45-day clock may never start running, and a landlord can say so in court. Within that window the landlord must either refund the deposit in full or deliver a written notice that itemizes every amount claimed.
Make a written demand and keep a dated copy. Ask for the return of the deposit, in writing, and send it in a way you can prove (email, certified mail, or a text you keep). This is the step that starts the 45 days.
Include your forwarding address in writing in the same letter so the money and the itemized statement can reach you. A forwarding address alone is not a demand — say plainly that you want the deposit back.
Count the 45 days from the latest of the three events: tenancy ended, possession delivered, demand made.
Keep your move-out notice and any photos or video showing the condition of the unit.
What can and cannot be deducted
§ 89-8-21(3) lets the landlord claim only what is reasonably necessary for four things: unpaid rent, repairing damage the tenant caused exclusive of ordinary wear and tear, cleaning the premises at the end of the tenancy, and other reasonable and necessary expenses caused by the tenant's default. What a landlord cannot charge you for is normal wear and tear — the gradual, expected aging that happens when someone lives in a home.
Often deductible: unpaid rent, holes in walls, broken fixtures, pet damage, removing trash or abandoned property, and cleaning beyond a reasonable level.
Not deductible (normal wear and tear): faded paint, minor carpet wear, small nail holes from hanging pictures, and general aging of the unit.
Every amount kept must be itemized in the written notice. A lump-sum "damages: $500" is not what the statute calls for.
If the landlord deducts for damage, they should be able to back it up with receipts, estimates, or photos.
Interest on the deposit
Mississippi law does not require landlords to hold deposits in a separate account or to pay tenants interest. Chapter 89-8 simply imposes no such duty. If your lease promises interest or a particular handling of the money, the landlord must honor that promise, but the state itself does not require it. One thing the statute does give you: under § 89-8-21(2) the landlord holds the deposit for you, and your claim to it comes ahead of the landlord's own creditors.
Penalty for wrongful withholding and how to sue
Here is the concrete answer. Under § 89-8-21(4), a landlord who keeps your deposit in violation of the section and with absence of good faith may be liable for damages not to exceed $200, in addition to any actual damages. "Actual damages" is the money wrongfully withheld — your deposit. The $200 is a discretionary bad-faith penalty on top, and it is a ceiling, not a guarantee. Be clear-eyed about one more thing: § 89-8-21 contains no attorney-fee provision at all, so do not count on a Mississippi court making the landlord pay your lawyer in a deposit case. That is exactly why most of these cases belong in small claims.
Most deposit disputes in Mississippi are handled in Justice Court, the state's small claims forum, which hears civil claims up to $3,500 — enough for the vast majority of deposit cases.
First, send the written demand described above and keep a copy. It is both the thing that starts the 45-day clock and your best evidence later.
If the 45 days pass with no refund and no itemized statement, file in Justice Court. Under the Administrative Office of Courts' official Justice Court Civil Complaint form, you may assert venue only where the defendant resides or has a fixed place of residence, or where the cause of action arose — which for a deposit dispute is normally the county where the rental sits. Being able to serve the landlord in a county does not by itself make that county the right venue.
Bring your lease, move-in and move-out photos, receipts, your dated written demand, and any messages with the landlord.
Filing fees are modest and you generally do not need a lawyer for Justice Court — though legal aid or a tenant attorney is worth it if the amount is large or the landlord disputes the facts.
This article is general legal information, not legal advice. Mississippi landlord-tenant law can change and may have city or county variations, so confirm the current rules with the Mississippi Code or a Mississippi tenant/landlord attorney before you act.
Official Legal Sources for Mississippi
This page is based on Mississippi state landlord–tenant law. Laws change — verify the current text directly against the official sources below. This is general legal information, not legal advice.
Mississippi landlord–tenant statutes (full text) — reproduced on this site from the public-domain Mississippi Code, because Mississippi publishes its official code only through a commercial service.
Local ordinances may apply. This page covers Mississippi state law. Your city or county may add protections — such as rent control, just-cause eviction, rental registration, or stricter housing codes — that change these rules. Check your local city or county ordinances.
Frequently asked questions
How long does a landlord have to return my deposit in Mississippi?
Forty-five days — but not from move-out alone. Miss. Code Ann. § 89-8-21(3) runs the 45 days from the termination of your tenancy, the delivery of possession, AND demand by the tenant. Handing back the keys does not start the clock by itself; you must ask for the deposit back. Send a dated written demand that also gives your forwarding address, keep a copy, and count 45 days from the last of those three events. Within that window the landlord must refund the deposit or send a written, itemized statement of any deductions.
Do I really have to make a demand? I just moved out.
Yes, and it is the single most-missed step in Mississippi. The statute names "demand by the tenant" as one of the three triggers for the 45-day deadline. A forwarding address is not a demand. Write to the landlord, say plainly that you are requesting return of your security deposit, date it, and send it so you can prove it (email, text, or certified mail). If you never demanded the money, a landlord can argue the 45 days never began — and a suit filed on day 46 can fail for that reason. The good news: it is never too late to send the demand and start the clock now.
Is there a maximum security deposit in Mississippi?
No. Mississippi does not cap the amount a landlord can charge. But watch the labels: a lease calling money a "nonrefundable fee" does not settle the question. Section 89-8-21(1) governs any payment whose primary function is to secure performance of the rental agreement, and § 89-8-5 says the parties cannot agree to waive rights under the chapter. If a "nonrefundable move-in fee" really works like a security deposit, you have a genuine argument it is one and must be accounted for.
Can my Mississippi landlord keep the deposit for normal wear and tear?
No. Normal wear and tear — faded paint, minor carpet wear, small nail holes — cannot be deducted. Section 89-8-21(3) allows only amounts reasonably necessary for unpaid rent, repairing damage you caused exclusive of ordinary wear and tear, cleaning the premises at the end of the tenancy, and other reasonable and necessary expenses from your default. Whatever is kept has to be itemized in the landlord's written notice.
Do Mississippi landlords have to pay interest on my deposit?
No. State law does not require landlords to pay interest or keep the deposit in a separate account. If your lease promises interest, the landlord must follow that lease term, but Mississippi imposes no such duty on its own. Section 89-8-21(2) does provide that the landlord holds the deposit for you and that your claim to it beats the claims of the landlord's creditors.
What court do I use to sue for my deposit in Mississippi?
Justice Court, the state's small claims forum, which hears civil claims up to $3,500. On the Administrative Office of Courts' official civil complaint form, venue is proper where the defendant resides or has a fixed place of residence, or where the cause of action arose — for a deposit dispute, normally the county where the rental property is located. Filing somewhere just because the landlord can be served there is not a venue basis. Bring your lease, photos, receipts, your dated written demand, and your written communications.
What if the landlord kept my deposit in bad faith?
Miss. Code Ann. § 89-8-21(4) says a landlord who retains the deposit in violation of the section and with absence of good faith may be liable for damages not to exceed $200, in addition to any actual damages. In plain terms: you can seek the wrongfully withheld deposit itself (actual damages) plus up to $200 more as a bad-faith penalty, at the court's discretion. Note that § 89-8-21 has no attorney-fee provision, so a Mississippi court is not going to make the landlord pay your lawyer under this statute — which is why Justice Court, where you do not need one, is usually the right forum.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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